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Regina v. A.S. (2022)

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Client found not guilty of Second-Degree Murder and Manslaughter after three-week jury trial, Toronto. A.S. was alleged to have assisted in the murder of a rival gang member. Christopher Assie of Neuberger & Partners LLP was retained as the defence lawyer. At trial, through cross-examination, Christopher was able to establish through Crown eyewitnesses, that A.S. was not observed taking any actions in an altercation that broke out with a friend of A.S.. In fact, it was the friend who had caused the death of the other party. Cross-examination undermined the eyewitness testimony and at the close of the Crown’s case, a motion for directed verdict was brought by Christopher Assie. The motion was successful and there was a directed verdict of not guilty on second degree murder and the lesser and included offence of manslaughter. Eyewitness evidence is inherently problematic and there must be careful scrutiny of such evidence to avoid wrong convictions. Fortunately, A.S. was found not guilty.

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